Surata Ram
03 October 2009 at 04:02
Can a second chargesheet under section 173(8) make additional persons accused or the further investigation remains only in respect of the already chargesheeted accused whose cognizance has been taken by the court as per the first chargesheet?
Kindly throw light on it with citation of supreme court or high court if possible.
Surata ram
Member (Account Deleted)
02 October 2009 at 23:40
As part of my curriculum, I am gathering data on the topic of fair dealing in copyright. The questions are directed towards getting first hand information about issues related to the topic.
I sincerely request the experts panel to respond to this questionnaire to enable me to put together this research. Thanks in Advance.
Questionnaire
Question No. 1
Do you believe that the currently existing legal provisions and enforcement machinery in India pertaining to Copyright Law are adequate?
Yes, they are adequate
No, but they just about make the cut.
No, they need a complete overhaul to deal with the changed times.
Question No. 2
Do you believe that laws in India, specifically with regards to fair dealing in copyright law?
Yes, they are adequate
No, but they just about make the cut
No, they need a complete overhaul to deal with the changed times.
Question No. 3
Some countries keep the threshold of ‘Fair Use’ in certain copyrights to a maximum of 10% of the copyright work. Do you think this is a rationale distinction to determine fair use?
Yes
No
Question No. 4
If you feel that the ‘Fair Use’ doctrine in Copyright law needs improvement, what is the area that in your expert belief needs more improvement?
Legislative reforms – Like more specific legislation on the topic
Speedy and effective implementation – Stronger enforcement machinery with wider powers
Bigger and stronger administrative machinery to effectively deal with complaints
Other – Please specify
Question No. 5
Which area, in your expert opinion is the biggest area in which the ‘fair use’ doctrine is misused? (Either by copyright owner or alleged infringer)
Copyrighted written works (literary)
Copyrighted artistic works (news media, performance)
Copyrighted dramatic works (theater, movies etc.)
Any other (Please specify)
Question no. 6
Amongst the well known modes of fair use, which mode is the most used as defense by users of copyrighted work?
Research
Non-commercial use with acknowledge of copyright of owner
Imparting education
Criticism/Review of work
Contesting the copyright of the work itself
Contesting that alleged infringement involves application of mind and not a copy of previous work
Other (Please Specify)
Question No. 7
Do you think there is adequate awareness amongst copyright owners/users of copyrighted works about the ‘fair use’ doctrine in India?
Yes
No, but we are getting there
Not at all, there is a need for awareness about this doctrine amongst users
Question No. 8
What in your opinion is the proficiency level of professionals involved in litigation pertaining to fair dealing in copyright?
Very proficient - Most of them are experts in Intellectual Property Law
Proficient - Achieved proficiency through experience over the years
Not Proficient – general expertise without any specialized focus on Intellectual Property Rights.
Atish
02 October 2009 at 23:26
MY QUESTION ASKED PREVIOUSLY TO WHICH I GOT A POSITIVE ANSWER FROM ALL THE RESPECTED AUTHORITIES ON THIS SITE. THANK YOU EVERYONE. IT WAS ANSWERED THAT IT IS TOTALLY AND LEGALLY RIGHT. THE QUESTION WAS AS FOLLOWS:
‘If 50% share of a residential property is gifted vide registered power of attorney and registered with the resistrar and later after the date of registeration of Gift Deed the Power of Attorney is revoked, does the Gift deed stand valid or can a stay be taken, and could any legal action be taken on the Power of Attorney holder( The regsteration of Gift deed is done and then a notice for revoking dated after that is sent to the P.O.A. holder).
Regards’
NOW ON HANDING PAPERS IN THE SOCIETY WITH ALL UNDERTAKINGS THE SOCIETY TOOK TIME AND HAVE STILL NOT TRANSFERRED OR GIVEN N.O.C. TO ME.
NOW THERE WAS A LEGAL NOTICE SENT BY THE POWER OF ATTORNEY HOLDERS LAWYER ASKING THE SOCIETY NOT TO TRANSFER THE SAID PROPERTY.
IS THAT LEGAL OR LEGALLY ALLOWED. WHAT SHOULD THE SOCIETY DO.
IN CASE THE SOCIETY STILL REFUSES TO GRANT N.O.C. THEN WHAT STEP SHOULD I TAKE AND WHICH AUTHORITY SHOULD I APPROACH. ALSO HOW LONG WOULD ALL THIS TAKE.
REGARDS
mohd faseehuddin
02 October 2009 at 23:08
Respected sir,
I am owner/resident of apartment. the owner constructed a flat without mch sanction in the area meant for parking i.e in the cellar which is 3+ feet from GL. he promised to demolish instead sold it to one book binder. the book binder creating day and night nauisens. he uses the common passage on right side of apartment as his own. on right there is a parking area lakhes of rs worth of cars are parked. about 4. he keeps the common passage door open day and night which gives assess to any authorized person to enter the parking area. there is no night watch man. how to restrict him. can as a secretary of apartment association lock the side gate as ask them to come and collect the key or let us have two set of keys one with me secretary and other with the unauthorized flat own.can we issue a notice through society reg. to cellar flat owner and law helps up warm regards. i cn more details if asked.. mfs202@hotmail.com
vimal
02 October 2009 at 22:52
R/s
i appeared for the post of lecturer advertised by society under the rajasthan govt ,i got selected by the society under raj govt for post of lect. in may 2008 and my name was in panel of selected candidates ,but i am still waiting for posting.pls let me know what is the validity period of such panel.is there any supreme court guidelines in this regard ?
Legal Fighter
02 October 2009 at 22:04
i need services of some senior counsel in national consumer redressal commission at Delhi. i have high stake involved in my matter. Kindly provide me contact details of some senior and very good counsel for the same.
Adv.Subodh Ghate
02 October 2009 at 19:53
A person who is agriculturist,wanted to transfer his part of land to his sisters son in law, land is not more than 100 sq.feet, consideration is not matter, so wich type of document i have to made, the chanses of sale deed is not more because land more than 1 Guntha i.e.100 Sq.feet is not transfer without collectors N.A.permission and thar we dont have so please guide me whate is the best option to transfer?
Mehta Dilip Hiralal
02 October 2009 at 18:01
Dear Sirs.
Following are my Queries kindly advise for the same.
1. 356 Sq Ft Flat was purchased by 4 family memebers by paying equal contribution at Dahisar Mumbai Maharashtra, from the Builder in Nov 1985 & Registered in March 1986.
2.Co Op Society was formed in Jun 1986.
3.The Members Register were entered with all 4 Family Members Name. and the CHS Issued share certificate in 4 names jointly.
4.One of the Family Menmber gave a request letter on plain paper withdrawing his membership from the CHS members register and consequently from the share certificate and CHS authority has deleted the name on his request.
5.Except one co owner all other co owner are now residing out of Maumbai Maharashtra State.
6.As per family mutual setlement the other two co owners wants to withdraw their rights title & interest in the CHS Share & Flat.
7.What is the procedure for removal of name from the CHS Members Register & Share certificate.
8.Is the request letter should be on stamp paper if so then what value of the Stamp Paper is Required.
9.The said documents required to be registerd with the Registrar of Maharashtra or mere notarisation will sufficient.
10.What should be impect of Gift Tax in this case since there are changes in the provision of Gift after 01/10/2009.
sudhir jain
02 October 2009 at 17:38
Sir
We are 3 brothers and 1sister.my father expired on 5.11.2008. He left a Will which was written when he had 2nd stage of Cancer. It is not registered . My brothers even on my repeated saying are not giving me a copy of the will. I am his eldest son. he has left nothing for me, saying in the will that he has done enough for me thru out his life .From the very beginning of life my life i have not stayed with him. I am still living away for him and my younger 2 brothers were living seperately in the same city. (but not with him).The entire property he has left behind had been inherited from my grand father .When my father's partition was done with his brothers and father. I was already 23years of age .My father enhanced his business .in the same name (firms) that of my grandfather and on that property .During my business crisis in the year 2004. I, my wife and my 18year old daughter signed oral mutal agreement signing on paper, which said that on behalf of my 13lacs, I forego my share in my HUF property. No physical partition is there. Though my father had promised throughout his life, as I have 2doughters that he would take care of all expenses of my daughters wedding. on good faith and trust I signed the papers which at that time were my priority as I needed the money .That amount he gave me in 18 months . Even the my daughters FDR were included in it . But when the Will was read I was shocked that he had not left any share or amount or my mother’s jewellery or any binding on my brothers to take care of my daughters wedding. This hurt me too much . Now I wish to take some legal action for my HUF share .I wish to file a suit .
Kindly answer my query.
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